Enormous Potential

“It could become quite a significant crop in a very short period of time, particularly as various companies utilise the products of it for that broad range of products that can be created using industrial hemp as a base.” said Mr Macdonald.

But Barry Dugan, a hemp advocate, is concerned about the scarcity of hemp processing facilities.

“There’s not much point growing the stuff if there’s nowhere to have it treated,’’ he said.

“According to my research, a huge amount of energy and water is required to get all the good things out of hemp.” he continued.

Hemp vs Marijuana

One thing that had concerned the government was the potential for farmers to use their hemp plantations as a way of hiding (illegal) marijuana plants, which look very similar to hemp plants.

But Mr Macdonald says that measures have now been put in place to prevent hemp crops from camouflaging marijuana crops.

5 Year Licences

The licences are renewable for 5 years under the new legislation.

“The licensing scheme is authorised by our Act of Parliament,” said Mr Macdonald.

“It’ll require farmers who wish to grow industrial hemp to register to get a licence.” he explained.

“That’ll mean that their properties will be then audited and inspected regularly to ensure compliance with the Act.”

The Hemp Industry Act 2008

The act that Mr Macdonald is referring to is the Hemp industry Act 2008, which allows a person to cultivate or supply low-THC hemp for any one or more of the following purposes:

for commercial production

for use in any manufacturing process

for scientific research, instruction, analysis or study

for any other purpose prescribed by the regulations

Further, the act explicitly states that “The possession of low-THC hemp is not an offence under the Drug Misuse and Trafficking Act 1985 if it is cultivated or supplied under the authority of this Act”.

The lawsuit, which has been funded by Vote Hemp, has cost approximately $100,000 since it began in June last year.

State Law Says “Yes”, Federal Law Says “No”

Although the state of North Dakota, recognizing the difference between hemp and marijuana, has allowed the farmers to grow industrial hemp, the U.S. Drug Enforcement Administration (DEA) has a different view.

“The level of THC in the plant doesn’t matter. If there’s any THC in the plant, it’s illegal,” DEA spokesman Garrison Courtney says, referring to the farmers’ argument that industrial hemp contains extremely low levels of THC, and therefore shouldn’t be classified as a drug.

“To get those pieces of stalk that are legal, you have to grow a marijuana plant.”

Case Initially Dismissed

The case was initially dismissed by U.S. District Judge Daniel Hovland in Bismarck, N.D in November last year.

The farmers’ lawyer, Tim Purdon says that they appealed that ruling, hoping for a new ruling that hemp “is not subject to regulation by the DEA and that our farmers aren’t going to be charged with a crime.”

He also says that the district judge should not have dismissed the case without hearing evidence about the differences between hemp and marijuana, adds Washington lawyer Joe Sandler, who will argue the farmers’ case before the appeals court.

To learn more about this case, and to view all court documents, view the North Dakota Case section of the Vote Hemp website.